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PLANNING BOARD MINUTES
September 17, 1997 ° 1 Sri 2� Fib i� i It
Present Thomas French, Chairman; John Sullivan, Clerk; Bernie Do ar)t;`Mary'e�!}�it .;
Thomas McShane and Kenneth Torman. Also present was Shaun P. I urke, Dtr�btot o� nning
and Development.
The meeting was convened for the purpose of conducting a workshop to prepare zoning
amendments in anticipation of Special Town Meeting. The Board first reviewed and discussed a
draft of the letter to be sent to the Board of Selectmen regarding presentation of the Master Plan.
It was decided to add the suggestion to the last paragraph of the letter that, "It is hoped that the
boards and committees will ns r to this document annually when establishing their go • is and
objectives." It was also decided that the letter should be signed by Mr. French "on behalf of the
Planning Board."
Board members then moved on to review and discuss the following zoning amendments:
Limitation
The Board discussed various options, including whether to amend the present by -law by adding a
"sunset" clause or to amend by substituting the Planning Board's version of the by -law. Mr.
Burke suggested that at a minimum the Board should sponsor an amendment to include the
"sunset" provision, knowing that the present by -law is subject to challenge. Board members
acknowledged that the present by -law is no longer "Mr. Devine's by -law" but rather the Town of
Mansfield's, but felt that as a courtesy Mr. Devine should be asked for his input and support
regarding any amendment to it. In considering to amend by substituting the Planning Board's
version of the by -law, members suggested the following changes to it:
• 4.2.3.2 Applicability - End the second sentence at "existing residential units" to read:
Specifically excluded from this by -law are building permits for demolition, repair,
renovation, reconstruction or expansion of existing residential units.
• 4.2.3.3 Building Permit Limitations - Delete second paragraph in its entirety
• 4.2.3.4 Building Permit Standards - Delete first sentence
• 4.2.3.6 Relief - Amend to define "special permit granting authority" as "Zoning Board of
Appeals"
Board members agreed to discuss this amendment further at their next meeting. Following the
discussion Richard Devine visited the Planning Board to talk about the letter received from the
Attorney General's office regarding the by -law. He advised the Board that he has contacted
individuals at the Attorney General's office, as well as officials in Chilmark and West Tisbury, and
that he disagrees with the need for a "sunset" clause, citing information he has received that other
municipalities have had such by -laws for a number of years and they have never been challenged.
Mr. Burke noted that the Town of Mansfield has been put on notice by the Attorney General's
Minutes of September 17, 1997
office that there is a problem with the by -law and that it is the Town's responsibility to fix the
problem if possible rather than to spend money litigating it. Mr. Devine disagreed with the need
to amend the by -law, stating that the addition of a "sunset" clause could be amended on Town
Meeting floor down to a one -year period. He uhintately stated that the Planning Board should get
additional information before proceeding, but that he would work with them to support any
amendment they might feel necessary.
Commercial Parking Lots
Board members discussed sending a memorandum to the Board of Selectmen, together with a
copy of the proposed amendment, stating ti at the Planning Board has drafted the proposed
amendment for their inclusion on the warrant.
Motion: To give the proposed amendment to the Board of Selectmen in response to their
request. (McShane - Dolan) 6 -0 PASSES
Discussion followed as to whether or not the Planning Board was in support of the proposed
amendment.
Motion: To amend the previous motion to send the proposed amendment to the Board of
Selectmen with a letter stating that the Planning Board hopes the Board of Selectmen
will sponsor the proposed amendment on which the Planning Board will be holding the
required public hearing.
(Dolan - McShane) 5 -0 -1 with Mr. Sullivan abstaining.
Residential Compound
Board members discussed the history and purpose of the Residential Compound by -law, as well as
the differences between residential compounds and cluster subdivisions and the benefits of each.
Following discussion it was agreed that members would further consider the amendment and
continue the discussion at their next meeting.
Parking in Front Yard
It was noted that this amendment would be controversial and, since it does not tie directly into the
Master Plan, it might be better to present this at the Annual Town Meeting in the spring.
Mixed Business and Residential Use
The amendment was reviewed and discussed. Mrs. Flynn asked that the colored zoning map be
brought to the next meeting. Mr. McShane agreed with the amendment to the off - street parking
schedule, but didn't think the density should be amended.
Minutes of September 17, 1997
Motion: To amend Section 3.7 Classification of Other Uses, Paragraph 3.7.2 Mixed
�. Business and Residential Use by adding "...provided that in the Business 1 anc
Business 2 district retail uses shall occupy the ground floor street frontage..."
and 4.4.1 Off - Street Parking Schedule to decrease the minimum number of
off - street parking spaces in the Business 1 and Business 2 Zones to 1.0 per
unit and 2.0 in all other zones for multi- family dwellings having three or more
units.
(McShane - Dolan) 6 -0 PASSES
Around the Table
Mr. McShane reported on a conversation he had with Wendy St. Aubih of Branch Street
regarding the Compo /Ispo site and her concerns about an adult daycare facility being built on a
hazardous waste site. He asked if the Planning Board could do a zoning change that would
prevent daycare and elderly care on such sites. Mr. Sullivan noted that there are DEP regulations
in place that cover situations such as this. Mr. Burke advised the Board that this land donation
would have to be approved by Town Meeting and that it is all predicated on the site being cleaned
up and the Town not having to accept any liability.
Mr. Sullivan asked if we've received a report from the Building Inspector showing the number of
permits issued to individual builders since February 14, 1997 - the date of first notice of the
zoning by -law amendment. Mr. Burke said we have received it and it will be sent out in the
packet for their next meeting.
Mrs. Flynn asked if there have been any further developments regarding an assisted living facility
on Mr. Clemmey's Cobb Street property. Mr. Burke replied that the Clemmeys are getting
signatures on a citizen's petition which would allow assisted living facilities in the R -2 Zone on
parcels of land 10 acres or more.
Mr. Burke suggested that the Board consider what's known as "retreat, flagship, or estate lots" as
an alternative to residential compounds on parcels of land having a minimum of 50 foot frontage
and five times the required minimum lot size by special permit without a full public hearing. He
said that Norton has such a provision and that it provides an alternate means of development to
get away from subdivisions and eliminate some of the smaller residential compounds. The Board
requested that he obtain a copy of such a by -law for their review and consideration.
Mr. French reminded everyone that next week's meeting we would be meeting with the Board of
Assessors, continuing the Bird Road Residential Compound public hearing, and working on the
residential compound and building limitation by -law amendments.
Adjournment: Motion to adjourn at 10:30 p.m.
(Sullivan - Torman) 6 -0 PASSES
Minutes of September 17, 1997
ignatttre of .lerk
Date of Approval
Next Meeting: September 24, 1997 1
Minutes of September 17, 1997